(A)   It is hereby determined by the Township Committee and hereby declared that there exist in the township buildings and other structures which are so old, dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use and are inimical to the welfare and dangerous and injurious to the health and safety of the people of the township and that a public necessity exists for the repair, closing or demolition of such buildings or structures.

(Ord. 226-13, passed 1-25-13)

   The Construction Official for the township is hereby designated and appointed as the public officer authorized to exercise the powers prescribed in this chapter.

(Ord. 226-13, passed 1-25-13)

   (A)   When a petition is filed with the Construction Official by the Township Committee or by at least five residents of the municipality charging that any building, as defined by N.J.S.A. 40:48-2.4, is unfit for human habitation, occupancy or use, or whenever it appears to the Construction Official, on his or her own motion with notice to the Township Committee, that any such building is unfit for human habitation or occupancy or use, the Construction Official shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in the buildings, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Construction Official, or his or her designated agent, at a place therein fixed, not less than seven days nor more than 30 days after the serving of the complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Construction Official.

   (B)   If, after notice of hearing, the public officer determines that the building under construction is unfit for human habitation or use, he or she shall state, in writing, his or her findings of fact in support of such determination and shall issue or cause to be served upon the owner thereof or the parties in interest an order:

      (1)   Requiring the repair, alteration, or improvement of the building to be made by the owner within a reasonable time, which time shall be set forth in the order, or at the option of the owner to vacate or have the building vacated and closed within the times set forth in the order.

      (2)   That if the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the building within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time as specified in the order of removal.

   (C)   If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Construction Official may cause the building to be repaired, altered or improved, or to be vacated and closed. The Construction Official may cause to be posted, on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation, occupancy, or use; the use or occupation of this building is prohibited and unlawful."

   (D)   If the owner fails to comply with an order to remove or demolish the building, the Construction Official may cause the building to be removed or demolished or may contract for the removal of demolition thereof after advertisement for and receipt of bids therefor.

   (E)   If the owner fails to comply with an order to repair, alter or improve and the owner elects not to comply with the order or to vacate or cause to be vacated the premises, the Construction Official may proceed with the appropriate procedures as set forth below.

(Ord. 226-13, passed 1-25-13)

   All costs to the municipality (legal fees, expert fees, search fees and advertising charges, repairs, alterations or improvements or vacating and closing or removal or demolition) shall become municipal liens against the real property upon which the costs were incurred in accordance with the provisions of N.J.S.A. 40:48-2.5(f).

(Ord. 226-13, passed 1-25-13)

   The Construction Official may determine that a building is unfit for human habitation, occupancy or use if he or she finds that conditions exist in the building that are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the township. Such conditions may include are not limited to defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.

(Ord. 226-13, passed 1-25-13)

   Complaints or orders issued by the Construction Official pursuant to this chapter shall be served upon persons either by registered mail; or, if the whereabouts of the person is unknown and the same cannot be ascertained by the Construction Official in the exercise of reasonable diligence and the Construction Official shall make an affidavit to that effect, then the serving of the complaint or order upon such persons may be made by publishing the same one time in the official newspaper of the township. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of the complaint or order shall be duly recorded or lodged for record with the County Clerk of Camden County.

(Ord. 226-13, passed 1-25-13)

   Any person aggrieved by an order issued by the Construction Official under this chapter, may, within 30 days after the posting and service of the order, bring an action for injunctive relief to restrain the Construction Official from carrying out the provisions of the order, in accordance with the provisions of N.J.S.A. 40:48-2.8. The remedy herein provided shall be exclusive, and no person affected by an order of the Construction Official shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the Construction Official.

(Ord. 226-13, passed 1-25-13)

   The Construction Official may exercise the following powers as may be necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to those already granted under this chapter:

   (A)   To investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation, occupancy, or use.

   (B)   To administer oaths and affirmations, examine witnesses and receive evidence.

   (C)   To enter upon premises for the purpose of making examinations, provided that these entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.

   (D)   To appoint and fix the duties of the officers, agents and employees as he or she deems necessary to carry out the purposes of this chapter.

   (E)   To delegate any of his or her functions and powers under this chapter to officers and agents as he or she may designate.

(Ord. 226-13, passed 1-25-13)

   The Township Committee, by resolution, may authorize the Construction Official to abate a nuisance, correct a defect or put the premises in proper condition so as to comply with the requirements of any township ordinance or state law applicable thereto, at the cost of the owner or lessor, and expend municipal funds for such purposes and charge the same against the premises, and the amount thereof, as determined by the Township Committee, shall be a lien against the premises.

(Ord. 226-13, passed 1-25-13)

   (A)   The Township Committee may, by resolution, appoint a custodian of any such building, structure or premises on behalf of the township, who may be either an officer of the township or any other person specially designated to enter into and take charge of the premises and supervise abatement of the nuisance, the correction of the defective condition or the maintenance of the premises in a proper condition so as to conform to the requirements of all municipal ordinances and state laws applicable thereto.

   (B)   If the custodian is some person other than a full-time employee of the township, he or she shall be paid an hourly rate equal to those township employees paid by the annual salary ordinance receiving the highest hourly rate. The costs and expenses of the custodian shall be collectible by the municipality from the owner or lessor of the premises provided in this chapter.

   (C)   In the event that any owner of a building or structure or premises in the township shall violate the provisions of this chapter, or fail to abate a condition harmful to the health and safety of the occupants of the premises and the general public in the municipality after notice and opportunity to do so, the Construction Official may, by and with the approval of the Township Committee, bring an action in the Superior Court to be appointed receiver ex officio of the rents and income of such real property for the purpose of collecting the rents and income from the property and expend the same for purpose of abating said conditions. The rents and income so collected by the receiver shall also be available for the payment of such costs and expensives of the receivership, as may be adjudged by the court, and for the payment to the municipality of any fines or penalties which may have been imposed on the owner for violations of this chapter and which have not been paid by the person liable therefor. Such receiver shall not be required to give bond and shall be appointed only for said purpose.

   (D)   Upon his or her appointment, the receiver, by and with the approval of the governing body of the township in all cases where the property in question is encumbered by a first mortgage, shall appoint the first mortgagee, if the mortgagee is a proper person and is willing to accept the appointment, as the receiver's agent to collect the rents and income from the real property and manage the same, and in all other cases the receiver, by and with the approval of the Township Committee, may designate the person in charge or management of the real property or such other competent person as the receiver's agent to collect the rents and income from the real property and manage the same, with mortgagee or other person shall account promptly to the receiver for the rents and income so collected; provided, however, that if the mortgagee or other person so designated is derelict in collecting or accounting for the rents and income or in the management of the real property, the receiver shall apply to the court for the removal of such designated mortgagee or other person, upon notice in writing to him or her, and the court, upon removing such designated mortgagee or other person, in its discretion, may designate another person to collect the rents and income from the real property and manage the same and account to the receiver for the rents and income of the real property as aforesaid.

   (E)   In any receivership, no fees shall be allowed the receiver, or his or her counsel, for actions as such receiver or counsel.